WHITE-COLLAR CRIME

Business protection in criminal proceedings

Business protection in criminal proceedings

IЮридическая защита бизнесаn the economically unstable conditions in which the citizens of Ukraine are currently living, the process of developing entrepreneurship is significantly complicated. An additional stumbling block in this area is also criminal cases, or, as they are called in the current Criminal Procedure Code of Ukraine, criminal proceedings that are registered in relation to business. The assistance of a criminal lawyer in the economic sphere is a very important “counterbalance” in this kind of relationship between entrepreneurs and government officials.

Criminal cases regarding business in our country have their own specifics. Unfortunately, to a large extent, the “investigation” of such “crimes” comes down to pressure on the heads and owners of enterprises by collecting evidence and seizing property as a result of obtaining temporary access to things and documents, conducting searches, interrogations, arrests of bank accounts, sending requests to contractors on the provision of documents, and other investigative activities.

Usually the investigator’s main “weapon” in such criminal cases are:

  • a search in the office, during which cash, computer equipment may be withdrawn and the operation of the enterprise may be blocked;
  • seizure of bank accounts;
  • interrogation of the director, chief accountant, other significant employees of the enterprise, as well as its founders.

In these cases, it is very important to pay due attention to the legal protection of your business and entrust it to specialists, in particular, criminal lawyers who specialize in working under the so-called “economic clauses”.

Borysenko & Partners” is a team of the best Dnipro lawyers specializing in protecting clients in criminal proceedings for tax and other economic crimes, which provide legal assistance to businesses not only within the Dnipropetrovsk region, but throughout Ukraine. The company’s lawyers have many years of experience in criminal cases related to evasion of the payment of taxes (Article 212 of the Criminal Code of Ukraine), experience in protecting clients in criminal proceedings for other economic crimes (provided for in Article 190 of the Criminal Code of Ukraine, Article 191 of the Criminal Code of Ukraine, Art. 205 of the Criminal Code of Ukraine, Article 358 of the Criminal Code of Ukraine, Article 366 of the Criminal Code of Ukraine and others), including accompaniment of interrogations, direct legal assistance to clients during searches, cancellation of arrests in bank accounts and return of exempt property.

TOP criminal charges regarding business in Ukraine

As it is known, it is not necessary for a Ukrainian entrepreneur to abuse the law in order for criminal proceedings to be launched against his business, although the act of infringing the law nevertheless significantly increases such risks.

We turn our attention to classification of crimes, so-called “white collar crime”, the signs of which law enforcement officers so want to detect in your enterprise:

  1. 212 of the Criminal Code of Ukraine – willful evasion of taxes, fees, other mandatory payments.

Who is investigating? Investigated by tax police.

It is important to understand that not every tax evasion is the basis for opening a criminal proceeding. The main criterion is the amount of taxes which has not been received to the budget. It should be at least 50 sizes of tax social benefits, which as of January 1, 2019 is 960 500 UAH.

  1. 191 of the Criminal Code of Ukraine – the appropriation, embezzlement of property or the seizure of it by abuse of official position.

Who is investigating? Investigated by the police (Department of Economic Protection and its regional offices).

The composition provided for in this article, in cases with business, usually takes place when it comes to misappropriation of budget money. Most relevant for enterprises working with state and local budgets.

  1. 205 of the Criminal Code of Ukraine – fictitious business

Who is investigating? Investigated by tax police.

“Fictitiousness” is the creation or acquisition of business entities (legal entities) in order to cover up illegal activities or to carry out activities in respect of which there is a proscription.

Often this composition is paired with purely tax crimes, such as, for example, tax evasion, the liability for which is provided for in Art. 212 of the Criminal Code of Ukraine. This is due to the fact that tax evasion most often occurs with the use of schemes in which fictitious enterprises participate.

The specificity of the clause is that the main and, in fact, the only direct evidence of fictitious entrepreneurship is the testimony of the person who carried it out (nominal head of the fictitious enterprise). This also determines the methods of work of tax police officers under this clause, which aim at all costs to obtain the testimony of a nominal leader (the so-called “pound”) about not noninvolvement into the real business’s activities of the enterprise.

You should not also forget about the frequent “companions” of the above clauses. This, in particular, Art. 209 of the Criminal Code of Ukraine (legalization of proceeds of crime), as well as Art. 358 of the Criminal Code of Ukraine and Art. 366 of the Criminal Code of Ukraine (forgery of documents and the use of deliberately forged documents).

Tax crime lawyer in Dnipro: why is legal assistance so important?

It is not uncommon, when the owners and heads of enterprises, having learned that a criminal case has been opened against the company, try to “take the issue off the table” on their own, using personal contacts and other resources. And quite often it works, but as they say, there is one “slight hitch”.

The problem is that usually in this case they have to spend resources that are many times higher than “economically feasible”, because you “do not to have the home court advantage” with a very serious opponent, using the factor of fear and ignorance of the “rules of the game”. What is more, the options for “take the issue off the table” that are proposed in this case are usually beneficial to the party that “is playing the game”, and this party does not guarantee that the question does not arise again after the “shift of power” or that, for example, will not appear in colleagues from other bodies. We have also repeatedly faced situations when the way to resolve the issue that business owners agreed to later led to multimillion tax accruals from the tax inspectorate, for the actions of which the people who helped with the criminal case were no longer responsible.

Therefore, we do not recommend blindly following such “problem solvers”.

In addition, not everyone knows that a very large number of criminal cases related to tax evasion, in case of adequate legal protection, is closed within a couple of years, with no additional expenses.

Let’s look at how else the help of a criminal lawyer can be useful in the event of a pre-trial investigation against a legal entity, its director or owner:

1. Assistance of a lawyer during interrogation, search and other investigative activities in Dnipro

It should be noted that the presence of a competent lawyer, for example, during a search fundamentally changes the mode of behavior of an investigator. With the participation of a criminal lawyer during an investigative action, representatives of the government have to act strictly according to the procedure prescribed by law.

Please note that a professional criminal lawyer, even at the risk of getting a complaint from the investigator to the qualification and disciplinary commission of the bar for abuse of his rights, will always help the client not to fall into the “trap” set by the investigator. In addition, the lawyer will record all the violations committed by the investigator, which in the future may serve as the basis for the court to reject the evidence obtained in this way

2. Continuous communication “Lawyer-client”

Over the years, the lawyers of “Borysenko & Partners” law firm have come to the strong conviction that it is extremely important to provide the client with immediate assistance with every contactwith the security forces, and not only during the search or interrogation. Therefore, we have developed and implemented a special system based on a personalized client card. Such cards are issued to managers and key employees of enterprises of corporate client with the aim of their personal protection and business protection in criminal proceedings. You can get legal advice on a 24-hour basis by calling the hotline indicated in it or calling a lawyer if, for example, law enforcement officers came to a client’s home under realization of criminal proceeding.

Our advantage also lies in the fact that the company’s lawyers are ready at any time to provide “emergency” legal assistance in Dnipro or to find worthy lawyers in other cities of Ukraine, if the situation requires this “here and now”.

3. Legal assistance of a lawyer during interrogation in Dnipro and in Ukraine

The interrogation of the director, chief accountant and other key employees of the company is a mandatory element of any criminal case that investigates the fact of tax evasion (Article 212 of the Criminal Code of Ukraine) or allocation of monetary assets by an abuse of official position (Article 191 of the Criminal Code of Ukraine).

Before interrogation, a competent criminal lawyer must conduct a meeting with the client, at which, together with the client they determine the key points:

  • case theory;
  • behavior pattern during interrogation;
  • psychological approach to the “event”.

It is difficult to overestimate the importance of proper preparation of a client for interrogation by an attorney. Moreover, taking into account the specific situation, such a “preparatory” meeting with a lawyer can take place both in the office of our lawyer company and in any place convenient for you in Dnipro or in other cities of Ukraine (the main criterion for choosing a place is the absence of extraneous “ears” and information dissemination risks).

4. Training “How to act during the search” in Dnipro

“Borysenko & Partners” law firm not only assists clients in criminal matters, but also conducts special trainings that allow CEOs and office employees to prepare for the most dangerous investigative actions for the business, such as a search. Very popular among our customers is the training “How to Act During a Search”. Our trainings are the exact opposite of hackneyed seminars where legislative norms that have already been read a thousand times are read again. “Borysenko & Partners” law firm provides its clients with only specific action algorithms that are understandable, accessible and applicable in such stressful “actions” as searches and interrogations.

5. Self-efficacy

The participation of a criminal lawyer adds confidence to the client and makes it easier for him to survive the difficulties in business, especially when the source of these difficulties is, for example, the tax police or the prosecution authorities.

Summing up, we can say that criminal proceedings against entrepreneurs are not only common, but also dangerous for business, especially without the assistance of a competent lawyer. Such phrases addressed to the company as “search”, “interrogation”, “signs of committing a crime under Article 212 of the Criminal Code of Ukraine” are likely to lead to excitement of both employees and owners of enterprises. You should never forget that forewarned is forearmed. In matters of legal protection of business, of course, “to arm” is to have a specialized criminal lawyer, whose legal assistance will be available at any time.

We want to pay attention to the fact that in order to get into the field of view of the tax police or the prosecution authorities it is not at all necessary to be a business giant like Google or Amazon. Most often small and medium business entities are in the risk zone. But we do not agitate you to distract from your business in order to study from the ground up the intricacies of legislation and the practice of its application with regard to criminal proceedings for tax crimes, as well as the psychology of communication with investigators, prosecutors and judges.

Lawyers of “Borysenko & Partners” law firm are able to provide high-quality legal emergency assistance. By entrusting our lawyers with the protection of your company, you are guaranteed to get a positive result for your business.

Judicial assistance of a criminal lawyer in Dnipro

“Borysenko & Partners” law firm provides legal services, that include judicial assistance of criminal lawyers opened by virtue of:

  • evasion of taxes (Article 212 of the Criminal Code of Ukraine);
  • fictitious entrepreneurship (Article 205 of the Criminal Code of Ukraine);
  • legitimization of proceeds of crime (Article 209 of the Criminal Code of Ukraine);
  • allocation of funds (Article 191 of the Criminal Code of Ukraine);
  • falsification of documents and the use of forged documents (Article 358 of the Criminal Code of Ukraine and Article 366 of the Criminal Code of Ukraine) and others.

We carry out:

  • complex support of criminal proceedings in cases related to tax evasion, as well as in other financial crimes;
  • preparation the company to possible investigative actions by conducting trainings for office employees on the correct behavior during a search, interrogation or selection of explanations;
  • direct support by lawyers of a search, interrogation, and other investigative actions;
  • return of property exempt during the search;
  • remove attachments from accounts and other assets;
  • communication with law enforcement officials, including investigators, prosecutors;
  • protection of interests in courts (as practice shows, independent communication with representatives of law enforcement agencies rarely gives pleasure and doesn’t give clients the desired result).

The executive partner of out company, Vladislav Borysenko, is one of the leading lawyers of the Dnipropetrovsk region in the field of legal protection of business, personally accompanied hundreds of interrogations and searches on “economic clauses”. We also note that each of the lawyers of Borysenko & Partners has exceptional experience in criminal cases that are opened in relation to enterprises, their owners and officials.

Borysenko & Partners” is a guarantee of high-quality legal protection for your business in the city of Dnipro and throughout Ukraine.